Legal questions about cohabitation and debts

Questioner

at the town hall so now we are seen as fiscal partners. We are not married nor do we have a cohabitation contract only we do have a child. My partner has a number of debts with authorities, could it be that I could ever be liable for his debts and that I would get a bailiff after me for example? And if my partner for example were to be evicted for not paying the rent then of course I would too because the lease is not in my name but would it have any effect on me in the future to get a house from the housing association?

Lawyer

If you live together without a cohabitation contract, nothing is legally arranged. And that is never wise. Even without a contract, living together does have consequences for the rules of certain authorities, such as the Tax Authorities and social security institutions such as the Social Service. If you live together without a cohabitation contract and you separate, you must make your own agreements about the house, the furniture and the common possessions. Cohabitants without a contract are not obliged to support each other. So neither of you is entitled to alimony. When living together without a cohabitation contract, the debts remain with the person who has them in their name. However, the partner without debt is often dragged into the debts. This is namely the one who has money and who will pay most of the fixed costs. There is also a danger here that one gap will be filled with the other. For example, the partner with debts must pay rent arrears within a few days to prevent eviction. In this case, the partner without debts will take out a loan themselves to make the necessary payments. Entering into a relationship with someone with debts entails great risks. You can apply for co-tenancy at your housing association to prevent having to leave the house if your partner leaves. Of course, you must be able to pay the rent independently. More information can be found at http://www.notarisinfo.nl/info2slok.html. A notary is the best person to answer your questions.

Questioner

I don't know if you understood me correctly. I am registered with my boyfriend so the house or the things in it are not mine. I am also not a co-tenant and I don't have to be because everything is in his name and he pays the rent. If he is evicted because he doesn't pay the rent, I won't stay here myself. His debts are not big but since we don't have a cohabitation agreement because it is not really necessary, I wondered if I could ever have anything to do with his debts? Seems crazy to me but I thought I would ask to be sure. And what do you actually mean that without a cohabitation agreement nothing is arranged? And if we were to break up, the only thing I would have to do is apply for alimony but it seems possible to me if the child is acknowledged by the father.

Questioner

So for example if my boyfriend has no income and I do his debts are transferred to me making me the one who has to pay it off? We are not even married, just live together and have a child.

Lawyer

Unmarried persons, whether or not they live together, are not liable for each other's debts, not even for ordinary household debts. The assets of one person can therefore never be recovered for the debt of the other. Your partner is therefore personally liable for any rental debt. This therefore has no effect on you if you have to look for a home independently without your partner.

Lawyer

In connection with the story of my colleague Gerda Laan, I would like to point out that there is no maintenance obligation between you and your boyfriend if there is no cohabitation contract. However, there is an obligation for your boyfriend if he is the father and certainly if he acknowledges the child to pay child maintenance. The amount of child maintenance depends on his income and assets.